Attorney General Austin Knudsen blocked the proposal for being legally insufficient, saying it contains too many concepts. Ballot proposals are required to ask only one question of voters at a time.
The group behind the initiative, Montanans Decide, said Knudsen erred in his analysis and is asking the Montana Supreme Court to overturn the block.
SK Rossi with the group said there’s irony in that lawsuit. The initiative aims to limit hurdles for citizen ballot proposals, like the attorney general’s authority to block them, among other regulations.
“It makes these campaigns, it makes these efforts incredibly difficult”, Rossi said.
If passed, the proposal would amend the Montana Constitution to guarantee the citizen initiative process is free from “unjustified interference by the government.” Rossi said it's hard to know how Montana courts would interpret the amendment and whether it would affect the attorney general’s authority. But the ultimate goal is to limit roadblocks.
The bill granting the attorney general the power to block proposals passed in 2021. It also allows legislative committees to weigh in.
The policy has since resulted in many lawsuits where ballot initiative backers challenge Knudsen’s power in court. The Montana Supreme Court has overruled the attorney general in most cases.
